In Florida, a Battery is when a person “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.

Florida Statute 784.03 there is no requirement for an injury however, unlike an assault, there is a requirement for contact. In fact, a Battery can occur when there is a touching of an object “intimately connected” with the body such as a purse. Additionally, indirect contact can satisfy this element as throwing something at someone can constitute a battery.

Per Florida Statute 784.041 A Felony Battery occurs when:

As a result of the unlawful touching or striking, great bodily harm occurs; or after a previous conviction for Battery.


A Battery Assault is considered a 1st degree misdemeanor in Florida and carries the following penalties:

  • Up to 1 year in county jail; or

  • Up to 1 year on probation;

Note: 784.03(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second subsequent battery commits a felony of the third degree. For the purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.


Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Self-defense;

  • Defense of others;

  • Defense of property;

  • Stand your ground;

  • Mutual combat;

  • Accidental touching;

  • Lack of intent;

  • Factual disputes.

Because of the violence associated with this type of crime, prosecutors take it very serious and even first-time offenders can face possible jail time
It is important to know the long-lasting effects of a Battery convictions including the potential enhancements for a second charge.


Charged with battery? Contact us today.

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